Can you be evicted from a long term care facility?

7 answers | Last updated: Nov 06, 2016
A fellow caregiver asked...

What if your parents go into an assisted living facility or independent apartment with continuing care option and are able to pay for the first two to three years, but then run out of money and either both or one of them now requires nursing home care, can they be forced to move out? Neither my siblings nor I would have the kind of money available for long term care for our parents, beyond what they have themselves.


Expert Answers

Maria Basso Lipani writes a popular website on geriatric care topics, where she puts her expertise as a Licensed Clinical Social Worker to good use answering care planning questions. Maria is a graduate of Columbia University School of Social Work and is licensed in California and New York.

This is a great question. If your loved one resides in an assisted living or independent apartment and becomes unable to pay the bill, and if family cannot step in to cover the cost, he or she will be asked to leave.  If he or she does not leave, the facility may begin the eviction process. 

That said, there are some assisted living facilities that accept Medicaid, so it is definitely worth the effort to try to find one, but they are few and far between and waiting lists can be long. Even so, a facility's costs can exceed the Medicaid reimbursement so there can still be out-of-pocket expenses although they should be much less.

Most people choose to spend what funds they have on home care or an assisted living facility until the money dwindles to the Medicaid maximum.  Then they apply for Medicaid and transition to a nursing home.  New York is the only state I am aware of that offers a second option which is Medicaid-covered home care.  With this option a Medicaid applicant can transfer assets to an adult child for example and still qualify for home care.  If your parents reside in New York, you'll want to look into this option.


Community Answers

Auntiem answered...

Please. Is anyone else having a technical issue of having a yellow bar, with an icon of a lighted candle drop down from the top of the screen, obscuring the question entirely? I am sorry to add this here, but I have contacted caring.com 3 or 4 times, and never get any response. What I have done is click on a question from the message in my inbox, in order to read it further. Then this happens. It is from the last month or two, I had never had a prior problem. I am getting ready to cancel the thing, which is a shame, thre is good info and feedback.


Cmacp answered...

No. it sounds strange. have not had the problem.


A fellow caregiver answered...

Auntie M; The candle just poped up from the bottom. It's part of the web sites light a candle campaign.


A fellow caregiver answered...

Yes, I have been having the same candle box cover up some of the text. At the top of the box is a checkbox and I think it says "close" and when I closed it the next time I opened it up it did not come up. Hope this helps.


Auntiem answered...

No, the close has never worked.


Cmacp answered...

This question needs to be re-visited. 2009, our State dropped Intermediate care from it's Medicaid program coverage. The State is only covering existing medicaid clients under Intermediate care. So--- if a non medicaid nursing home resident now runs out of money, and is - like most elderly- in need of Intermediate Care, - what happens? Our State is not accepting new Intermediate care clients.Now if you need LTC, it must be either Acute (very ill, or Assisted Living (more like a hotel with a medicine cart). In our State, the Intermediate care with nurses and in house doctor oversight is no longer an option.